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Employer Docking Salary Pay If You Don't Clock In Or Out

Posted on 6/2/18 at 11:15 am
Posted by Codythetiger
Arkansas
Member since Nov 2006
30481 posts
Posted on 6/2/18 at 11:15 am
Just curious here guys from a legal standpoint. If you earn commissions and are on salary, can an employer dock your pay x amount for each missed punch on the time clock?

If you are on call 24/7 and are always emailed on the weekends/after regular business hours would you need to go to the office each time to clock in so you can respond to the inquiry?

Posted by Mingo Was His NameO
Brooklyn
Member since Mar 2016
37536 posts
Posted on 6/2/18 at 11:16 am to
quote:

Employer Docking Salary Pay If You Don't Clock In Or Out


I'd tell them to kick rocks.

quote:

If you are on call 24/7 and are always emailed on the weekends/after regular business hours would you need to go to the office each time to clock in so you can respond to the inquiry?



Don't answer the emails and when they ask why tell them you weren't at the office to clock in and out to avoid the fine, they'll rescind the policy quickly.
Posted by GoCrazyAuburn
Member since Feb 2010
41846 posts
Posted on 6/2/18 at 11:17 am to
Yea I’m pretty sure they can’t do that
Posted by Pendulum
Member since Jan 2009
8171 posts
Posted on 6/2/18 at 11:17 am to
if it is in the company policy.
Posted by TigerStripes06
SWLA
Member since Sep 2006
30032 posts
Posted on 6/2/18 at 11:18 am to
If you’re on salary, why the frick are you punching a clock?
Posted by WylieTiger
Member since Nov 2006
14795 posts
Posted on 6/2/18 at 11:18 am to
Are there minimum work/time at the office requirements that "earn" the salary?
Posted by TigerstuckinMS
Member since Nov 2005
33687 posts
Posted on 6/2/18 at 11:19 am to
Being paid on a “salary basis” means an employee regularly receives a predetermined amount of compensation each pay period on a weekly, or less frequent, basis. The predetermined amount cannot be reduced because of variations in the quality or quantity of the employee’s work. Subject to exceptions listed below, an exempt employee must receive the full salary for any week in which the employee performs any work, regardless of the number of days or hours worked. Exempt employees do not need to be paid for any workweek in which they perform no work. If the employer makes deductions from an employee’s predetermined salary, i.e., because of the operating requirements of the business, that employee is not paid on a “salary basis.” If the employee is ready, willing and able to work, deductions may not be made for time when work is not available.

Circumstances in Which the Employer May Make Deductions from Pay

Deductions from pay are permissible when an exempt employee:
is absent from work for one or more full days for personal reasons other than sickness or disability;
for absences of one or more full days due to sickness or disability if the deduction is made in accordance with a bona fide plan, policy or practice of providing compensation for salary lost due to illness;
to offset amounts employees receive as jury or witness fees, or for military pay;
for penalties imposed in good faith for infractions of safety rules of major significance;
or for unpaid disciplinary suspensions of one or more full days imposed in good faith for workplace conduct rule infractions.
Also, an employer is not required to pay the full salary in the initial or terminal week of employment, or for weeks in which an exempt employee takes unpaid leave under the Family and Medical Leave Act.

The Department of Labor says your employer is a shite biscuit and is engaged in an illegal practice if they're docking you hours for failing to clock in.

Of course, they can start suspending you full days without pay for failure to follow workplace conduct rules and then they will no longer be engaged in illegal practices. (I assumed you were docked portions of a day).
This post was edited on 6/2/18 at 11:38 am
Posted by Mingo Was His NameO
Brooklyn
Member since Mar 2016
37536 posts
Posted on 6/2/18 at 11:20 am to
quote:

If you’re on salary, why the frick are you punching a clock?


Are operating margins not important? If i work 100 hours on a project that should take 50 I'm bringing way less revenue than is possible. Is this a serious question?
Posted by Spankum
The Sip
Member since Jan 2007
63294 posts
Posted on 6/2/18 at 11:20 am to
Apparently, there has been some rulings concerning this lately, as I know of several companies that are really pushing accurate documentation of time worked for both salaried and hourly employees.

I am not an expert in that field, but my guess is that a lot of what you mention is probably in conflict with some labor laws.

My other guess is that whether it is right or wrong, if you push the issue, you will find yourself without a job pretty quickly.
Posted by ksayetiger
Centenary Gents
Member since Jul 2007
70471 posts
Posted on 6/2/18 at 11:21 am to
quote:

If you’re on salary, why the frick are you punching a clock?


Posted by Codythetiger
Arkansas
Member since Nov 2006
30481 posts
Posted on 6/2/18 at 11:24 am to
There was an issue with a sales rep in Cali (HQ is in Arkansas) who got fired and wanted the company to recoup his vacation time and sick days, but they could not tell if it was a truthful number or not so the time clock got installed.

Now I've had a time clock all my life at every job but this one (this was installed 2 years after I started working) so I'm used to hitting it. But there is a little old lady in here who gets like 40-50$ every couple of weeks for missing her time clock punches.

They charged me $10 for missing it, but after review, the time clock had a serious lag/null effect sometimes when you hit it. I pressed it at 5pm, went to my computer to login to the web portal for the timeclock and after refreshing it for 10 minutes, it never showed up and we had to reset the connection on it. It didn't record like 7 different peoples clock out and we all still got charged lol
Posted by Spankum
The Sip
Member since Jan 2007
63294 posts
Posted on 6/2/18 at 11:24 am to
quote:

Don't answer the emails and when they ask why tell them you weren't at the office to clock in and out to avoid the fine, they'll rescind the policy quickly


If he does this, I don't think the policy will be what gets rescinded!
Posted by TheArrogantCorndog
Highland Rd
Member since Sep 2009
16036 posts
Posted on 6/2/18 at 11:27 am to
Falls under FLSA

quote:

Permissible Pay Docking

The FLSA allows employers to make deductions of an exempt employee's salary under certain circumstances, including:

When the employee is absent for one or more full days for personal reasons

When the employee is absent for one or more full days for sickness or disability if the employer has a plan that compensates the employee for lost salary

To offset the amount the employee receives from jury service, witness fees, or for military pay

To impose a penalty in good faith for the violation of safety rules of major significance

For unpaid disciplinary suspensions of one or more full days imposed in good faith for infractions of workplace rules of conduct

For unpaid leave under the Family and Medical Leave Act

During the first or last week of employment if the employee does not work a full week


Just a quick Google search pulled this up... there is plenty of info out there for you to read about it
Posted by Walking the Earth
Member since Feb 2013
17464 posts
Posted on 6/2/18 at 11:29 am to
quote:

If he does this, I don't think the policy will be what gets rescinded! 


Maybe but the place sounds like a real shithole so, unless he's being way overpaid, no big loss.

The unemployment rate is like 3% so frick 'em!
This post was edited on 6/2/18 at 11:31 am
Posted by TheHarahanian
Actually not Harahan as of 6/2023
Member since May 2017
24356 posts
Posted on 6/2/18 at 11:32 am to
Time to update the resume’. Tell them why you’re leaving on the way out the door.
Posted by Codythetiger
Arkansas
Member since Nov 2006
30481 posts
Posted on 6/2/18 at 11:32 am to
This whole time clock is how I got promoted

Both of my bosses above me quit the stupid shite like this

I don't agree with it at all and I don't think it's right that we are already 24/7 as it is and I'm dealing with customers pretty much every weekend, at 2am if a trucker needs something but then to come back and charge me because I forgot to clock out during lunch? Come on....
Posted by TheHarahanian
Actually not Harahan as of 6/2023
Member since May 2017
24356 posts
Posted on 6/2/18 at 11:34 am to
Then play the system. If you didn’t clock out yesterday, don’t clock in today and claim you were there the whole time. Make them prove otherwise.
Posted by Spankum
The Sip
Member since Jan 2007
63294 posts
Posted on 6/2/18 at 11:36 am to
I agree that it is a totally chicken shite thing to do, but as I said earlier, I have seen the same thing popping up in a number of companies. Does nothing but hurt morale and decrease productivity IMO...
Posted by lake chuck fan
Vinton
Member since Aug 2011
24917 posts
Posted on 6/2/18 at 11:36 am to
Louisiana is a right to fire state... Employers can get away with a lot if they are smart about it. Seems if they made it a rule, then it has to be followed.
If I was managing, and someone refused to answer an email because they weren't at the office to clock in.... I would find someone willing to do so. Pretty simple.
Posted by Codythetiger
Arkansas
Member since Nov 2006
30481 posts
Posted on 6/2/18 at 11:37 am to
quote:

Then play the system. If you didn’t clock out yesterday, don’t clock in today and claim you were there the whole time. Make them prove otherwise.


We have camera's though.. on both doors and now overwatching our operations group on the inside as well. 5 cameras total (not a huge company)

1 camera on front door
1 camera on back door
1 camera on AP department
1 camera on Intermodal group
1 camera on Trucking group

So once again, I don't understand the need to clock in and out to make sure I'm here or not?
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